In a majority decision, the Supreme Court has upheld the Food and Drugs Authority’s (FDA) directive that prevents celebrities from endorsing alcoholic drinks.
This ruling concludes a nineteen-month legal battle initiated by Mark Darlington Osae, CEO of Black Kulcha Music, against the FDA.
Chief Justice Gertrude Torkornoo delivered an abridged version of the ruling on Wednesday, June 19, stating that the FDA’s directive does not violate the constitution.
As a result, well-known personalities or professionals are permanently prohibited from appearing in advertisements that promote alcoholic beverages.
The FDA’s directive, which was implemented in 2015 to regulate alcohol consumption in Ghana, includes guidelines that restrict celebrities from advertising alcoholic beverages. The FDA justified this restriction by citing the influential nature of celebrities, which could potentially influence minors to engage in alcoholism.
Representing the plaintiff, Mark Darlington Osae, was Bobby Banson from the Robert Smith Law Group, while the FDA was represented by Justine Amenuvor. Osae filed a writ at the Supreme Court on November 11, 2022, challenging the FDA’s regulations as discriminatory against the creative arts industry.
According to Osae, the FDA’s directive is inconsistent with and in contravention of articles 17(1) and 17(2) of the 1992 Constitution, which guarantee equality before the law and prohibit discrimination based on social or economic status, occupation, among others.
Many figures from the creative industry, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, have spoken out against the FDA’s directive. They argue that endorsements or advertisements for alcoholic beverages are crucial income streams for them and that any law restricting such activities deprives them of their livelihood.